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The Concession Contracts Regulations 2016
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- UK Statutory Instruments
- 2016 No. 273
- PART 5
- CHAPTER 2
- Regulation 62
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Changes and effects yet to be applied to Regulation 62:
- Regulations revoked by 2023 c. 54 Sch. 11 para. 6
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 8(5) words omitted by S.I. 2023/506 reg. 3(2) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)
- reg. 9(9A) words omitted by S.I. 2023/506 reg. 3(3) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)
- reg. 10(6)(6A) substituted for reg. 10(6) by 2024 c. 6 Sch. para. 6(3)
- reg. 10(8A) inserted by 2024 c. 6 Sch. para. 6(6)
- reg. 10(11)(d)(i)(aa) words substituted by S.I. 2019/560 reg. 7(7)(e)(i)(aa) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
- reg. 10(11)(d)(i)(bb) words substituted by S.I. 2019/560 reg. 7(7)(e)(i)(bb) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
The consequences of ineffectivenessE+W+N.I.
This section has no associated Explanatory Memorandum
62.—(1) Where a declaration of ineffectiveness is made, the concession contract is to be considered to be prospectively, but not retrospectively, ineffective as from the time when the declaration is made and, accordingly, those obligations under the concession contract which at that time have yet to be performed are not to be performed.
(2) Paragraph (1) does not prevent the exercise of any power under which the orders or decisions of the Court may be stayed, but at the end of any period during which a declaration of ineffectiveness is stayed, the concession contract is then to be considered to have been ineffective as from the time when the declaration had been made.
(3) When making a declaration of ineffectiveness, or at any time after doing so, the Court may make any order that it thinks appropriate for addressing—
(a)the implications of paragraph (1) or (2) for the particular circumstances of the case;
(b)any consequential matters arising from the ineffectiveness.
(4) Such an order may, for example, address issues of restitution and compensation as between those parties to the concession contract who are parties to the proceedings so as to achieve an outcome which the Court considers to be just in all the circumstances.
(5) Paragraph (6) applies where the parties to the concession contract have, at any time before the declaration of ineffectiveness is made, agreed by contract any provisions for the purpose of regulating their mutual rights and obligations in the event of such a declaration being made.
(6) In those circumstances, the Court must not exercise its power to make an order under paragraph (3) in any way which is inconsistent with those provisions, unless and to the extent that the Court considers that those provisions are incompatible with the requirement in paragraph (1) or (2).
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